State Territory And International Law

Author : Josephat Ezenwajiaku
Publisher : Routledge
Page : 205 pages
File Size : 55,8 Mb
Release : 2020-05-31
Category : Law
ISBN : 9781000073485

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State Territory and International Law by Josephat Ezenwajiaku Pdf

This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Author : Jorge E. Núñez
Publisher : Routledge
Page : 0 pages
File Size : 47,6 Mb
Release : 2023
Category : Electronic
ISBN : 0367515296

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Territorial Disputes and State Sovereignty by Jorge E. Núñez Pdf

Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

Author : Michael J. Strauss
Publisher : BRILL
Page : 266 pages
File Size : 49,9 Mb
Release : 2015-05-27
Category : Law
ISBN : 9789004293625

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Territorial Leasing in Diplomacy and International Law by Michael J. Strauss Pdf

Territorial Leasing in Diplomacy and International Law draws from a large number of cases to examine and assess this relatively common but unexplored practice in which states reallocate their rights on territory without altering boundaries or resorting to definitive cessions.

Author : Antal Berkes
Publisher : Cambridge University Press
Page : 389 pages
File Size : 46,9 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781108840620

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International Human Rights Law Beyond State Territorial Control by Antal Berkes Pdf

An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

Author : Marcelo G. Kohen
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 49,8 Mb
Release : 2016
Category : International law
ISBN : 1783472383

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Territoriality and International Law by Marcelo G. Kohen Pdf

The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times to today, the emergence of new areas for the territorial expansion of states and the border delimitation rules. In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination.

Author : Enrico Milano
Publisher : BRILL
Page : 348 pages
File Size : 40,6 Mb
Release : 2005-12-01
Category : Law
ISBN : 9789047417743

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Unlawful Territorial Situations in International Law by Enrico Milano Pdf

This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
Page : 229 pages
File Size : 48,8 Mb
Release : 2024-01-11
Category : Law
ISBN : 9781509959495

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Territorial Status in International Law by Jure Vidmar Pdf

This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 44,9 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Tommaso Natoli,Alice Riccardi
Publisher : Springer Nature
Page : 266 pages
File Size : 55,6 Mb
Release : 2019-09-12
Category : Law
ISBN : 9783030209292

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Borders, Legal Spaces and Territories in Contemporary International Law by Tommaso Natoli,Alice Riccardi Pdf

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Author : Norman Llewellyn Hill
Publisher : London ; New York : Oxford University Press
Page : 264 pages
File Size : 45,9 Mb
Release : 1945
Category : Boundaries
ISBN : UCAL:B3648338

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Claims to Territory in International Law and Relations by Norman Llewellyn Hill Pdf

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 50,7 Mb
Release : 2012-03-26
Category : Law
ISBN : 9783642228698

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Territorial Integrity in a Globalizing World by Abdelhamid El Ouali Pdf

This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Author : Jenny Grote Stoutenburg
Publisher : BRILL
Page : 504 pages
File Size : 48,6 Mb
Release : 2015-07-31
Category : Law
ISBN : 9789004303010

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Disappearing Island States in International Law by Jenny Grote Stoutenburg Pdf

Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg analyzes the international legal implications of this unprecedented situation.

Author : Joshua Castellino,Steve Allen
Publisher : Dartmouth Publishing Group
Page : 296 pages
File Size : 47,5 Mb
Release : 2003
Category : Law
ISBN : UOM:39015056879763

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Title to Territory in International Law by Joshua Castellino,Steve Allen Pdf

In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However, the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of uti possidetis was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focussing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.

Author : Sharon Korman
Publisher : Clarendon Press
Page : 358 pages
File Size : 49,8 Mb
Release : 1996-10-31
Category : Political Science
ISBN : 9780191583803

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The Right of Conquest by Sharon Korman Pdf

This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.

Author : Marcelo G. Kohen,Mamadou Hébié
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 40,6 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781782546870

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Research Handbook on Territorial Disputes in International Law by Marcelo G. Kohen,Mamadou Hébié Pdf

Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.